Request for Proposals
Solicitation No.
SIKA-EAST-14-00005
Title:
RFP# SIKA-EAST-14-00005-2014-SIKA-East-For Provision of
Hiring Local Tax Consultancy
Issue Date:
September 23, 2014
Closing Date:
October 12, 2014
Closing Time:
4:00pm
Subject:
USAID Contract No. AID-306-C-12-00002-05, 4 and AID-306-C-13-00003
Stability in Key Areas (SIKA) – East, West and South
Note: Consultancies who are mainly dealing with Tax Clearance, are eligible to bid. Logistic
Companies bid will not be considered.
AECOM International Development, Inc, the implementer of Stability in Key Areas (SIKA) for
the East, South and West regions, a USAID project implemented under Contracts No.
AID-306-C-12-00002-05 (E), AID-306-C-12-00004 (W) and AID-306-C-13-00003 (S), , invite
proposals relating to above activity per Attachment I “Statement of Work” in support of the
subject USAID Projects. The period of performance for this activity anticipates commencing
middle of January 21, 2014. The requirements for this activity are described in the
Statement of Work in Attachment I. The issuance of a subcontract is subject to availability of
funds, successful negotiation of the subcontract budget and terms, and receiving USAID’s
Contracting Officer subcontract consent, if required. The Contract resulting from this award
is envisioned to be a firm fixed price purchase order.
AECOM encourages your organization to indicate its interest in this procurement by
submitting a proposal in accordance with the instructions in Attachment II “Instructions to
Offerors”. Proposals will be evaluated based on the evaluation criteria established in this
solicitation and make an award to the responsible Offeror submitting a responsive offer,
which forms the best value to the project; technical merits and price will be considered.
To be considered under the solicitation process, the Offeror should submit a complete
proposal by the means indicated herein no later than the closing date and time indicated
above. Offerors should ensure that the proposals are well written, easy to read and follow,
and contain only the requested information.
Proposals should be submitted in writing (a hard copy version) in a sealed envelope
hand-delivered to:
Attention:
Address:
Phone:
Abdul Matin Jilani
Street # 15, Lane 7, Wazir Akbar Khan, Kabul-Afghanistan
+ 93 794 028 398
The solicitation number mentioned above must appear as a reference in the subject
line of the sealed envelope submissions.
All questions should be e-mailed to tamana.tahir@sikaeast.com by no later than October
01, 2014.No questions/clarifications will be entertained should these be received by means
other than the specified e-mail address. The solicitation number should appear as a
reference in the subject line of the e-mail. Answers will be compiled and distributed to all the
potential Offerors.
The technical proposal must be submitted separately from the cost proposal, i.e. two
(2) different sealed envelopes. The first document should be named “Technical” and
the second, “Cost/Budget”.
Attachments:
Attachment I Statement of Work
Attachment II Instructions to Offerors
Attachment III Evaluation Criteria
Attachment IV Prime Contract Flow-Down Clauses
Page 2 of 17
ATTACHMENT I
STATEMENT OF WORK
PURPOSE:
To identify the most reliable and credible Afghan Tax Consultancy Service Provider that will
ensure that AECOM’s projects in Afghanistan are always in compliance with the local tax law
and other government laws applicable to the implementation to the project.
BACKGROUND:
The Afghanistan Revenue Department under the Ministry of Finance requires that all tax
payers comply with the country’s tax laws. It is a requirement to hire an independent tax
consultant/firm to enable AECOM to address constant changes in the local tax laws articles
and provisions including providing sound and legal interpretations of such changes.
SCOPE OF W ORK:
Consultant must have a thorough knowledge and background of the local taxation laws and
the processes of local and international subcontractors, leases, payroll and other taxes
applicable to the implementation of AECOM projects.
I.
Filing of Annual Tax Return



Review tax submitted for the previous year
File the current annual tax return with review of the all the required
documentations prepared by AECOM Finance Office.
Represent AECOM in all matters related to the annual tax questions obtained
from the tax office
DELIVERABLES
1. Completion of annual tax return applications including all other documentations
required as set out in the check-list provided by AECOM.
2. Obtaining of Tax clearance certification on time and without delay.
TIMELINE FOR DELIVERABLES
Period of performance is from January 21, 2015 through March 21, 2015 Completion of the
annual tax return must be completed on or before March 21, 2015 including the issuance of
the tax clearance from the tax office. See table below:
No. Deliverables
Timeline
Review and Submission of annual tax return
applications including all other documentations
required as set out in the check-list provided by On or before 28 1 AECOM.
Feb-2015
2
Obtaining of Tax clearance certification on time and
without delay.
On or before
March-2015
21-
Page 3 of 17
ORGANIZATIONAL CONFLICT OF INTEREST (OCI):
It is USAID’s policy to preclude a contractor from furnishing implementation service, as the
prime or sub-contractor, when the contractor had a substantial role in the design of an
activity by providing “material leading directly, predictably and without delay” to a work
statement for the implementation of the activity. This solicitation calls for the design of a
SOW and curriculum for training. Therefore, the successful offeror awarded this contract
may be precluded from implementing the training should the aforementioned organizational
conflict of interest occur.
Attachment II
INSTRUCTIONS TO OFFERORS
A.
General Instructions
1. These Instructions to Offerors will not form part of the offer or of the Contract.
They are intended solely to aid Offerors in the preparation of their proposals.
2. The proposals, and all corresponding documents related to the proposal must be
written in the English language unless otherwise explicitly allowed.
3. No costs incurred by the Offerors in preparing and submitting the proposal are
reimbursable by AECOM. All such costs will be at the Offeror’s expense.
4. Proposals and all cost and price figures must be presented in Afghani Currency,
proposal in other currency will not be considered. All prices should be net of
Host Country VAT (Value Added Tax) and customs duties. The services
provided under this contract are funded by the U.S. Government and shall be
exempt from Host Country taxes, import and other fees, as stipulated in the
bilateral agreement between the U.S. Government and Government of
Afghanistan. The contractor shall obtain prior written approval by AECOM
before making any VAT payments. Awards and payments made to Afghan Firms
will be in local currency.
5. The Offeror must state in its Proposal the validity period of its offer. The
minimum offer acceptance period for this RFP is 90 days after closing date of
the RFP. Offers with a shorter acceptance period will be rejected. AECOM
reserves the right not to make any award.
6. Responsibility Determination: Award shall only be made to, “responsible”
prospective subcontractors. To enable AECOM to make this determination, the
Offeror must briefly describe in the Attachment Section of the proposal that it:
(a) has adequate financial resources including appropriate insurance coverage to
perform the work stated herein, or the ability to obtain them;
(b) is able to comply with the required or proposed delivery or performance
schedule, taking into consideration all existing commercial and governmental
business commitments;
(c) has a satisfactory performance record;
(d) has a satisfactory record of integrity and business ethics;
(e) has the necessary technical capacity, equipment and facilities, or the ability to
obtain them; and
(f) is otherwise qualified and eligible to receive an award under applicable laws
and regulations.
Page 4 of 17
7. Eligibility of Firms – Source/Origin/Nationality:
The authorized geographic code for the source and origin of the goods and
services and for the nationality of our suppliers under this contract is 935.
A full discussion of the source/origin/nationality requirements maybe found at
22CFR228 (see http://www.access.gpo.gov/nara/cfr/waisidx_02/22cfr228_02.html
for the full set of references). Offerors whose proposals fail to meet the nationality
requirements will be considered non-responsive.
In addition to the above and to comply with the Afghan local laws, offerors must
be licensed and authorized to conduct business in Afghanistan.
According Article 72 of Afghanistan Income Tax Law of Islamic Republic of
Afghanistan, AECOM must withhold a certain percentage based on gross
payment made to the contractor and transfer that amount, on behalf of the
contractor, to the Ministry of Finance’s relevant account. For businesses without
a business licenses, or contrary to, approved by law, a 7% of the gross payment
to the contractor shall be withheld as fixed tax in lieu of the income tax. For those
who have a business license a 2% will be withheld which will be creditable
against the Contractor’s subsequent tax liabilities. A copy of valid license or
registration in Afghanistan is required.
8. Late Offers: Offerors are wholly responsible for ensuring that their Offers are
received in accordance with the instructions stated herein. A late Offer will not
be eligible for consideration and will be rejected without evaluation, even if it was
late as a result of circumstances beyond the Offeror's control.
9. Modification/Withdrawal of Offers: Offerors have the right to withdraw, modify or
correct its offer after such time as it has been delivered to AECOM at the
address stated above and provided that the request is made before the RFP
closing date.
10. Disposition of Proposals: Proposals submitted in response to this RFP will not
be returned. Reasonable efforts will be made to ensure confidentiality of both
Cost and Technical Proposals received from all Offerors. This RFP does not
seek information of a highly proprietary nature but if such information is included
in the Offeror’s proposal, the Offeror must alert AECOM and must annotate the
material by marking it “Confidential and Proprietary” so that these sections can
be treated appropriately.
11. Regardless of the method used in the submission of the proposal, the Technical
Proposal and Cost Proposal must be kept separate from each other. Technical
Proposals must not make reference to cost or pricing data in order that the
technical evaluation may be made strictly on the basis of technical merit.
12. Clarification and Amendment to the RFP:
Any question raised regarding this solicitation should be received no later than
Three (3) calendar days from the issuance date of this solicitation. All questions
must be in writing emailed to the email address specified in the cover letter. No
questions/clarifications will be entertained should they are received by means
other than the aforementioned email address. The solicitation number should be
stated in the subject. Responses to questions received will be complied and
emailed to potential Offerors.
Page 5 of 17
13. If you intend to submit a proposal in response to this solicitation and wish to
receive any updates thereto, you are encouraged to confirm receipt of this
solicitation by email to the email address specified in the cover letter. Your
email message should state in the subject the solicitation number. Also, the
email should include the name of your organization, the name of contact person,
email address and telephone number.
14. AECOM anticipates that discussions with Offerors will be conducted; however,
AECOM reserves the right to make award without discussions. Therefore, it is
strongly recommended that Offerors present their best offer at their initial
submission.
15. The Offeror must be locally owned, registered and managed by its local experts
and officers. Consultancy firm RFP submission not complying with this
requirement will automatically be rejected.
16. AECOM may waive informalities and minor irregularities in proposals received.
B.
Submission of Proposal:
1) Proposals have to be submitted in a sealed envelope no later than the date and
time specified in the cover letter.
2) The envelope should state in the subject the solicitation number.
3) The technical proposal and the cost (business) proposals should be submitted in
two separate sealed envelopes. The first should be named “Technical” and the
Second is named “Cost/ Business.
C.
Content of Proposal:
The proposal shall consist of four (4) sections. i) The Cover Page, ii) The Technical
Proposal, iii) the Cost/Business Proposal; and iv) The Attachments
1)
The Cover Page:
The cover page should be on the Offeror’s letterhead and MUST contain the
following information:
a) Solicitation Number
b) Company’s Name:
c) Company’s Address
d) Name of Company’s authorized representative:
e) Telephone No, Cellular Phone #, Email address:
f) Total Proposed Price:
g) Validity of Proposal
h) Acceptance of Tax Withholding Statement and TIN
i) A valid AISA Or Ministry of Economy Registration Certificate
j) Signature, Date and time
The Offeror shall sign a statement in the cover page substantially similar to
the following:
“(Name of Company) agrees that AECOM shall withhold 2% (or 7%) of the
gross payment made to the Contractor under the contract resulted from this
solicitation as tax which will be paid to the Ministry of Finance. Our Tax Payer
Identification Number for this purpose is (TIN).”
Page 6 of 17
2)
Technical Proposal:
The technical proposal shall describe how the Offeror intends to carry out the
statement of work.
Please address the following:
-
Clearly state how you understand the effectiveness of this program
and how they will perform.
The Offeror shall provide information about past performance of 5 relevant
projects within the last 3 years in Afghanistan.
The technical proposal should be divided into three sections following the
same order of the technical evaluation criteria mentioned in Attachment III.
Failure to respond to any section will be the basis for the disqualification of
the Offeror from further consideration.
3)
The Cost/Business Proposal:
As stated earlier, the cost proposal shall be submitted separately from the
technical proposal. The budget will present the cost for performing the work
specified in this solicitation. At a minimum, the cost proposal will include the
following information:
1.
2.
3.
4.
A budget summary
A detailed cost break-down of the proposed budget to the maximum
extent practical.
A detailed cost notes explaining each line item
Cost submitted must be in local currency
This solicitation in no way obligates AECOM to award a contract, nor does it commit AECOM
to pay any costs incurred in preparation and submission of proposal in response to the RFP.
Furthermore, AECOM reserves the right to reject any and all offers if such action is
considered to be in the best interest of AECOM.
Attachment IIl
EVALUATION CRITERIA
Proposals will be technically evaluated according to the criteria stated herein. The relative
importance of each individual criterion is indicated by the number of points assigned
thereto. A total of 100 points are the maximum possible score for each proposal. The
evaluation criteria serves to: (a) identify the significant factors which the offeror should
address in their proposals under each section and (b) set the standard against which all
proposals will be evaluated. Preference will be given to women lead organizations.
Submissions should not exceed twelve (15) pages.
Page 7 of 17
#
1
Technical evaluation criteria
Technical approach



2
3
Familiarity with the Annual Tax Returns processes
Knowledge of applicable Tax Policies and procedures
Understanding of work to be performed
Clear, straightforward approach to delivering services

Management capacities/ Understanding of Medium Tax Office processes

45
Timely delivery of services as provided in the SOW
Past performance


Weight
30
25
Number and similarity of projects carried out in past 3 to 5 years
Proven track record successfully delivering similar services with
AECOM and other international clients.
EVALUATION OF THE TECHNICAL PROPOSAL
1.
Technical Approach (30 Points):
The proposal demonstrates a full understanding of the work that needs to be
performed under the SoW, as well as a clear, straightforward approach to
achieving the activity objective.
2.
Capabilities and Experience (45 Points):
3.
(a)
Clarity and effectiveness of the organizational and staffing plan,
demonstrating the necessary mix of skills and experience. (5 Points)
(b)
Additional scores shall be given to offers that adhere to the Afghan First
Policy1 and introduce Afghan staff to cover the majority (if not all) of the
positions in the staffing plan. (5 Points)
(c)
Additional scores will be given for the Offeror’s experience in
demonstrating professional relationship with the Medium Tax Office in
ensuring delivery of final output given the time specified in the SOW (20
Points)
(d)
The shortest production period and fast track timeline to implement the
program. (10 Points)
(e)
The coherence of the timeline to the technical approach proposed. (10
Points)
Past Performance (20 points):
(a)
A proven track record of implementing similar activities to those outlined in
the scope of work. (10 Points)
(b)
Additional scores will be provided for successful implementation of similar
projects in Afghanistan. (10 Points)
The Afghan First Policy – encourages local procurement of Afghan products made by Afghans to benefit and
improve the well-being of the Afghan people. Specifically, this means: (a) Afghan Leadership and Ownership; (b)
Afghan Participation; (c) Afghan Capacity Development; and (d) Afghan Sustainability. Should you require more
information please contact RFP@sikaeast.com
1
Page 8 of 17
COST PROPSAL EVALUATION
Evaluation scores are not assigned for cost. The review of the cost proposal shall include
cost realism. This process will include a review of the cost portion of the Offeror’s proposal
to determine if the overall costs proposed are reasonable and realistic for the work to be
performed, if the cost reflects that the Offeror understands the requirements, and if the
costs are consistent with the technical part of the proposal. Cost proposals providing more
direct funding towards the program instead of administrative costs will be reviewed
favorably in the best value determination.
Evaluation of cost proposals will consider, but not be limited to, the following:
Cost realism and completeness of cost proposal and supporting documentation.
Overall cost control evidenced by proposal (such as avoidance of excessive salaries,
excessive cost of management oversight and other costs in excess of reasonable
requirements).
Total resource allocation for programmatic interventions.
Amount of proposed fee, if any.
Cost efficiency of proposed Other Direct Costs (ODCs).
For this procurement technical merits are considered significantly more important than cost
relative to deciding the award. Therefore, after the final evaluation of the proposals, AECOM
will make the award to the offeror whose proposal presents the best value to the project,
considering both technical merits and cost factors.
Page 9 of 17
Attachment IV
Prime Contract Flow-Down Clauses
This Contract will be funded by the U.S. Agency for International Development (USAID) with
AECOM implementing this USAID project. Applicable clauses incorporated herein by
reference shall have the same force and effect as if they were incorporated in full text. A
copy of the full text of each clause may be obtained from http://www.acquisition.gov/far,
http://www.usaid.gov/policy/ads/300/aidar.pdf, or from AECOM’s procurement official. The
term "FAR" means Federal Acquisition Regulation. The terms, "Contractor," "Government"
and "Contracting Officer" as used in these clauses shall refer to Vendor, AECOM, and
AECOM Contract Administrator respectively. In no event shall any provision of this contract
or Orders issued against it be construed as allowing the Vendor to appeal directly to or
otherwise communicate directly with (USAID) without written consent of the Development
Alternatives, Inc.
NUMBER
TITLE
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
DATE
52.202-1
DEFINITIONS
DEC 2001
52.203-5
COVENANT AGAINST CONTINGENT FEES
APR 1984
52.203-6
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOV JUL 1995
52.203-7
ANTI-KICKBACK PROCEDURES
JUL 1995
52.204-7
CENTRAL CONTRACTOR REGISTRATION
OCT 2003
52.215-8
ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT
OCT 1997
52.222-21
PROHIBITIONS OF SEGREGATED FACILITIES
FEB 1998
52.222-24
PREAWARD ON-SITE EQUAL OPPORTUNITIES COMPLIANCE FEB 1999
52.222-26
EQUAL OPPORTUNITY
APR 2002
52.222-35
EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS DEC 2001
52.222-37
EMPLOYMENT REPORTS ON SPECIAL VETERANS, DISABLED
DEC 2001
VETERANS, VETERANS OF THE VIETNAM ERA, AND
OTHER ELIGIBLE VETERANS
52.223-14
TOXIC CHEMICAL RELEASE REPORTING
52.227-14
RIGHTS IN DATA—GENERAL
JUN 1987
52.227-23
RIGHTS TO PROPOSAL DATA (TECHNICAL)
AUG 2003
52.232-25
PROMPT PAYMENT ALTERNATE 1
FEB 2002
52.233-1
DISPUTES
JUL 2002
52.233-3
PROTEST AFTER AWARD ALTERNATE 1
JUN1985
52.233-4
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM
OCT 2004
52.242-1
NOTICE OF INTENT TO DISALLOW COSTS
APR 1984
52.242-2
SUBCONTRACTS ALTERNATE I
JAN 2006
52.244-5
COMPETITION IN SUBCONTRATING
DEC 1996
Page 10 of 17
52.244-6
SUBCONTRACTS FOR COMMERCIAL ITEMS
SEP 2006
52.251-1
GOV SUPPLY SOURCES
52.253-1
COMPUTER GENERATED FORMS
JAN 1991
APR 1984
AIDAR 48 CFR Chapter 7
752.202-1(b) USAID DEFINITIONS – GENERAL SUPPLEMENT FOR
USE IN ALL USAID CONTRACATS (ALTERNATE 70)
JAN 1990
752.202-1(d) USAID DEFINITIONS CLAUSE - SUPPLEMENT FOR
USAID CONTRACTS INVOLVING PERFORMANCE
OVERSEAS
752.211-70 LANGUAGE AND MEASUREMENT
752.245-70 GOVERNMENT PROPERTY - USAID REPORTING
REQUIREMENT
752.7001
BIOGRAPHICAL DATA
JUL 1997
752.7002
TRAVEL AND TRANSPORTATION
752.7003
DOCUMENTATION FOR PAYMENT
NOV 1998
752.7004
EMERGENCY LOCATOR INFORMATION
752.7006
NOTICES
752.7008
USE OF GOVERNMENT FACILITIES OR PERSONNEL
APR 1984
752.7009
MARKING
752.7010
CONVERSION OF U.S. DOLLARS TO LOCAL CURRENCY
APR 1984
752.7011
ORIENTATION AND LANGUAGE TRAINING
APR 1984
752.7013
CONTRACTOR-MISSION RELATIONSHIPS
OCT 1989
752.7014
NOTICE OF CHANGES IN TRAVEL REGULATIONS
JAN 1990
752.7015
USE OF POUCH FACILITIES
JUL 1997
752.7018
HEALTH AND ACCIDENT COVERAGE FOR
JAN 1999
USAID PARTICIPANT TRAINEES
752.7019
PARTICIPANT TRAINING
752.7021
CHANGES IN TUITION AND FEES
752.7023
REQUIRED VISA FORM FOR USAID PARTICIPANTS
APR 1984
752.7024
WITHDRAWAL OF STUDENTS
752.7025
APPROVALS
752.7027
PERSONNEL
DEC 1990
752.7028
DIFFERENTIALS AND ALLOWANCES
JUL 1996
752.7029
POST PRIVILEGES
752.7031
LEAVE AND HOLIDAYS
752.7033
PHYSICAL FITNESS
752.7034
ACKNOWLEDGEMENT AND DISCLAIMER
752.7035
PUBLIC NOTICES
DEC 1986
JUN 1992
JAN 1990
JUL 1997
APR 1984
JAN 1993
JAN 1999
APR 1984
APR 1984
APR 1984
JUL 1993
OCT 1989
JUL 1997
DEC 1991
DEC 1991
Page 11 of 17
MARKING, AIDAR 752.7009 (JAN 1993)
(a) It is USAID policy that USAID-financed commodities and shipping containers, and
project construction sites and other project locations be suitably marked with the USAID
emblem. Shipping containers are also to be marked with the last five digits of the USAID
financing document number. As a general rule, marking is not required for raw materials
shipped in bulk (such as coal, grain, etc.), or for semi finished products which are not
packaged.
(b) Specific guidance on marking requirements should be obtained prior to procurement of
commodities to be shipped, and as early as possible for project construction sites and
other project locations. This guidance will be provided through the cognizant technical
office indicated on the cover page of this contract, or by the Mission Director in the
Cooperating Country to which commodities are being shipped, or in which the project
site is located.
(c) Authority to waive marking requirements is vested with the Regional Assistant
Administrators, and with Mission Directors.
(d) A copy of any specific marking instructions or waivers from marking requirements is to
be sent to the Contracting Officer; the original should be retained by the Contractor.
BRANDING Markings under this contract shall comply with the USAID "Graphic Standards
Manual" available at www.usaid.gov/branding, or any successor branding policy.
INSPECTION AND ACCEPTANCE
Inspection and acceptance of services, reports and other required deliverables or outputs
shall take place at: the principle place of performance or at any other location where the
services are performed and reports and deliverables or outputs are produced or submitted.
AECOM’s representative named in the Contract has been delegated authority to inspect and
accept all services, reports and required deliverables or outputs.
AUTHORIZED GEOGRAPHIC CODE
The authorized geographic code for procurement of goods and services under this contract
is 935. As such, this procurement is open to all offers from USAID Geographic Code
(Source, Origin and Nationality) 935 which include all countries, except for those designated
by the US Government as foreign policy restricted countries. The current foreign policy
restricted countries are as follows: Libya, Cuba, Iran, North Korea and Syria.
EXECUTIVE ORDER ON TERRORISM FINANCING
The Subcontractor/Recipient is reminded that U.S. Executive Orders and U.S. law prohibits
transactions with, and the provision of resources and support to, individuals and
organizations associated with terrorism.
It is the legal responsibility of the
subcontractor/recipient to ensure compliance with these Executive Orders and laws. This
provision must be included in all subcontracts/sub-awards issued under this
contract/agreement.
REPORTING OF FOREIGN TAXES (DOS Section 579 Rev 10/09/2003)
(a) Final Report: The Contractor must annually submit a final report by April 16 of the year
following the end of the performance period.
(b) Contents of Report. The reports must contain: (i) Contractor name. (ii) Contact name
with phone, fax and email. (iii) Agreement number(s). (iv) Amount of foreign taxes
Page 12 of 17
(c)
(d)
(e)
(f)
assessed by a foreign government [each foreign government must be listed separately]
on commodity purchase transactions valued at $500 or more financed with U.S. foreign
assistance funds under this agreement during the prior U.S. fiscal year. NOTE: For
fiscal year 2003 only, the reporting period is February 20, 2003 through September 30,
2003. (v) Only foreign taxes assessed by the foreign government in the country receiving
U.S. assistance is to be reported. Foreign taxes by a third party foreign government are
not to be reported. For example, if an assistance program for Lesotho involves the
purchase of commodities in South Africa using foreign assistance funds, any taxes
imposed by South Africa would not be reported in the report for Lesotho (or South
Africa). (vi) Any reimbursements received by the Contractor during the period in (iv)
regardless of when the foreign tax was assessed plus, for the interim report, any
reimbursements on the taxes reported in (iv) received by the Contractor through October
31 and for the final report, any reimbursements on the taxes reported in (iv) received
through March 31. (vii) The final report is an updated cumulative report of the interim
report. (viii) Reports are required even if the contractor/recipient did not pay any taxes
during the report period. (ix) Cumulative reports may be provided if the
contractor/recipient is implementing more than one program in a foreign country.
Definitions. For purposes of this clause: (i) "Agreement" includes USAID direct and
country contracts, grants, cooperative agreements and interagency agreements. (ii)
"Commodity" means any material, article, supply, goods, or equipment. (iii) "Foreign
government" includes any foreign governmental entity. (iv) "Foreign taxes" means valueadded taxes and custom duties assessed by a foreign government on a commodity. It
does not include foreign sales taxes.
Where. Submit the reports to: AECOM
Sub-agreements. The Contractor must include this reporting requirement in all
applicable subcontracts, sub-grants and other sub-agreements.
For further information see http://www.state.gov/m/rm/c10443.htm.
SOURCE, ORIGIN AND NATIONALITY REQUIREMENTS, AIDAR 752.225-70 (FEB 1997)
(a) Except as may be specifically approved by the Contracting Officer, all commodities
(e.g., equipment, materials, vehicles, supplies) and services (including commodity
transportation services) which will be financed under this contract with U.S. dollars shall
be procured in accordance with the requirements in 22 CFR part 228, "Rules on Source,
Origin and Nationality for Commodities and Services Financed by USAID." The
authorized source for procurement is Geographic Code 935 for services unless
otherwise specified in the schedule of this contract. Guidance on eligibility of specific
goods or services may be obtained from the Contracting Officer.
(b) Ineligible goods and services. The Contractor shall not procure any of the following
goods or services under this contract:
(1) Military equipment,
(2) Surveillance equipment,
(3) Commodities and services for support of police and other law enforcement activities,
(4) Abortion equipment and services,
(5) Luxury goods and gambling equipment, or
(6) Weather modification equipment.
(c) Restricted goods: The Contractor shall not procure any of the following goods or
services without the prior written approval of the Contracting Officer:
(1) Agricultural commodities,
(2) Motor vehicles,
(3) Pharmaceuticals and contraceptive items,
(4) Pesticides,
(5) Fertilizer,
(6) Used equipment, or
(7) U.S. government-owned excess property.
Page 13 of 17
If USAID determines that the Contractor has procured any of these specific restricted goods
under this contract without the prior written authorization of the Contracting Officer, and has
received payment for such purposes, the Contracting Officer may require the Contractor to
refund the entire amount of the purchase.
SALARY SUPPLEMENTS FOR HG EMPLOYEES, AIDAR 752.231-71 (OCT 1998)
(a) Salary supplements are payments made that augment an employee's base salary or
premiums, overtime, extra payments, incentive payment and allowances for which the
HG employee would qualify under HG rules or practice for the performance of his/her
regular duties or work performed during his/hers regular office hours. Per-diem,
invitational travel, honoraria and payment for work carried out outside of normal working
hours are not considered to be salary supplements.
(b) Salary supplements to HG Employees are not allowable without the written approval of
the Contracting Officer.
PERSONNEL COMPENSATION, AIDAR 752.7007 (APR 2006) (pursuant to class deviation
No. OAA-DEV-2006-02c)
(a) Direct compensation of the Contractor’s personnel will be in accordance with the
Contractor’s established policies, procedures, and practices, and the cost principles
applicable to this contract.
(b) Reimbursement of the employee’s base annual salary plus overseas recruitment
incentive, if any, which exceed the USAID Contractor Salary Threshold (USAID CST)
stated in USAID Automated Directives System (ADS) Chapter 302 USAID Direct
Contracting, must be approved in writing by the Contracting Officer, as prescribed in
731.205-6(d) or 731.371(b), as applicable.
COMPLIANCE WITH THE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION
ACT
The U.S. Government may terminate this contract agreement, without penalty, if the
Contractor or any sub-contractor, (i) engages in severe forms of trafficking in persons or has
procured a commercial sex act during the period of time that the contract is in effect, or (ii)
uses forced labor in the performance of the contract agreement.
FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES
Funds in this (contract, agreement, amendment) may not be used to finance the travel, per
diem, hotel expenses, meals, conference fees or other conference costs for any member of
a foreign government's delegation to an international conference sponsored by a public
international organization, except as provided in ADS Mandatory Reference "Guidance on
Funding
Foreign
Government
Delegations
to
International
Conferences,”
http://www.info.usaid.gov/pubs/ads/300/refindx3.htm or as approved by the Contracting
Officer.
COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS
AMENDED
(a) The Contractor must provide a comprehensive list of all offered specific electronic and
information technology (EIT) products (supplies and services) that fully comply with
Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, and the
Architectural and Transportation Barriers Compliance Board's Electronic and Information
Technology Accessibility Standards at 36 CFR Part 1194. The Contractor must clearly
indicate where this list with full details of compliance can be found (e.g., vendors or other
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exact web page location). The contractor must ensure that the list is easily accessible by
typical users beginning five calendar days after award. The contractor must maintain this
detailed listing of compliant products for the full contract term, including all forms of
extensions, and must ensure that it is current within three calendar days of changes to its
product line.
(b) For every EIT product accepted under this contract by the Government that does not
comply with 36 CFR Part 1194, the contractor shall, at the discretion of the Government,
make every effort to replace or upgrade it with a compliant equivalent product or service,
if commercially available and cost neutral, on either the planned refresh cycle of the
product or service, or on the contract renewal date, whichever shall occur first.
USAID DISABILITY POLICY – ACQUISITION (DEC 2004)
(a) The objectives of the USAID Disability Policy are (1) to enhance the attainment of United
States foreign assistance program goals by promoting the participation and equalization
of opportunities of individuals with disabilities in USAID policy, country and sector
strategies, activity designs and implementation; (2) to increase awareness of issues of
people with disabilities both within USAID programs and in host countries; (3) to engage
other U.S. government agencies, host country counterparts, governments, implementing
organizations and other donors in fostering a climate of nondiscrimination against people
with disabilities; and (4) to support international advocacy for people with disabilities.
The full text of the policy paper can be found at the following website:
http://www.usaid.gov/about/disability/DISABPOL.FIN.html.
(b) USAID therefore requires that the contractor not discriminate against people with
disabilities in the implementation of USAID programs and that it make every effort to
comply with the objectives of the USAID Disability Policy in performing this contract. To
that end and within the scope of the contract, the contractor’s actions must demonstrate
a comprehensive and consistent approach for including men, women and children with
disabilities.
INSURANCE – LIABILITY TO THIRD PERSONS, FAR 52.228-7 (MAR 1996) and AIDAR
752.228-7
(a)(1) Except as provided in paragraph (a)(2) of this clause, the Contractor shall provide and
maintain workers’ compensation, employer’s liability, comprehensive general liability (bodily
injury), comprehensive automobile liability (bodily injury and property damage) insurance,
and such other insurance as the Contracting Officer may require under this contract. (2) The
Contractor may, with the approval of the Contracting Officer, maintain a self-insurance
program, provided that, with respect to workers’ compensation, the Contractor is qualified
pursuant to statutory authority. (3) All insurance required by this paragraph shall be in a form
and amount and for those periods as the Contracting Officer may require or approve and
with insurers approved by the Contracting Officer.
(b) The Contractor agrees to submit for the Contracting Officer’s approval, to the extent and
in the manner required by the Contracting Officer, any other insurance that is maintained by
the Contractor in connection with the performance of this contract and for which the
Contractor seeks reimbursement.
(c) The Contractor shall be reimbursed—
(1) For that portion—
(i) Of the reasonable cost of insurance allocable to this contract; and (ii) Required or
approved under this clause; and
(2) For certain liabilities (and expenses incidental to such liabilities) to third persons not
compensated by insurance or otherwise without regard to and as an exception to the
limitation of cost or the limitation of funds clause of this contract. These liabilities must arise
out of the performance of this contract, whether or not caused by the negligence of the
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Contractor or of the Contractor’s agents, servants, or employees, and must be represented
by final judgments or settlements approved in writing by the Government. These liabilities
are for—
(i) Loss of or damage to property (other than property owned, occupied, or used by the
Contractor, rented to the Contractor, or in the care, custody, or control of the Contractor); or
(ii) Death or bodily injury.
(d) The Government’s liability under paragraph (c) of this clause is subject to the availability
of appropriated funds at the time a contingency occurs. Nothing in this contract shall be
construed as implying that the Congress will, at a later date, appropriate funds sufficient to
meet deficiencies.
(e) The Contractor shall not be reimbursed for liabilities (and expenses incidental to such
liabilities)—
(1) For which the Contractor is otherwise responsible under the express terms of any clause
specified in the Schedule or elsewhere in the contract; (2) For which the Contractor has
failed to insure or to maintain insurance as required by the Contracting Officer; or (3) That
result from willful misconduct or lack of good faith on the part of any of the Contractor’s
directors, officers, managers, superintendents, or other representatives who have
supervision or direction of — (i) All or substantially all of the Contractor’s business; (ii) All or
substantially all of the Contractor’s operations at any one plant or separate location in which
this contract is being performed; or (iii) A separate and complete major industrial operation in
connection with the performance of this contract.
(f) The provisions of paragraph (e) of this clause shall not restrict the right of the Contractor
to be reimbursed for the cost of insurance maintained by the Contractor in connection with
the performance of this contract, other than insurance required in accordance with this
clause; provided, that such cost is allowable under the Allowable Cost and Payment clause
of this contract.
(g) If any suit or action is filed or any claim is made against the Contractor, the cost and
expense of which may be reimbursable to the Contractor under this contract, and the risk of
which is then uninsured or is insured for less than the amount claimed, the Contractor
shall— (1) Immediately notify the Contracting Officer and promptly furnish copies of all
pertinent papers received; (2) Authorize Government representatives to collaborate with
counsel for the insurance carrier in settling or defending the claim when the amount of the
liability claimed exceeds the amount of coverage; and (3) Authorize Government
representatives to settle or defend the claim and to represent the Contractor in or to take
charge of any litigation, if required by the Government, when the liability is not insured or
covered by bond. The Contractor may, at its own expense, be associated with the
Government representatives in any such claim or litigation.
(h) Insurance on private automobiles. If the Contractor or any of its employees or their
dependents transport or cause to be transported (whether or not at contract expense)
privately owned automobiles to the Cooperating Country, or they or any of them purchase an
automobile within the Cooperating Country, the Contractor agrees to make certain that all
such automobiles during such ownership within the Cooperating Country will be covered by
a paid-up insurance policy issued by a reliable company providing the following minimum
coverages or such other minimum coverages as may be set by the Mission Director, payable
in United States dollars or its equivalent in the currency of the Cooperating Country: injury to
persons, $10,000/$20,000; property damage, $5,000. The premium costs for such insurance
shall not be a reimbursable cost under this contract. Copies of such insurance policies shall
be preserved and made available as part of the Contractor’s records which are required to
be preserved and made available by the “Audit and Records - Negotiation” clause of this
contract.
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